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(영문) 서울북부지방법원 2019.05.31 2018노2304
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In our Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, there are unique areas of the court of first instance regarding the determination of sentencing, and in light of the ex post facto and aesthetic nature of the appellate court, it is reasonable to respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared to the court of first instance, and the sentencing of the court of first instance does not deviate from the reasonable scope of the discretion. It is desirable to reverse the judgment of the court of first instance solely on the ground that the sentencing of the court of first instance falls within the reasonable scope of the discretion, but is somewhat different from

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment as the materials for new sentencing were not submitted at the examination room and the trial. In full view of all the factors indicated in the records and arguments of this case, it is not recognized that the lower court exceeded the reasonable scope of discretion, such as that the punishment is too heavy.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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